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Can a guardian enroll a child in public school if parents are alive?

Can a guardian enroll a child in public school if parents are alive?

Full question:

I have lawful guardianship of my niece and want to enroll her in the public school in my school district. But the school authorities say if the parents are alive, only they can enroll the child in school. Are the school authorities correct?

Category: Marriage
Date: 04/07/2025
State: New York

Answer:

In New York, a person with lawful guardianship of a child can enroll that child in public school within their school district. According to N.Y. Dom. Rel. Law § 74, a guardian or custodian who is not the child's parent may enroll the child in school where both the guardian and the child reside. The school must verify that the guardian has a lawful order of custody and that they live together in the same household within the district.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I enroll in school without parents?

Yes, in certain situations, a child can enroll in school without their parents. If a guardian has legal custody, they can enroll the child in public school within their district. The guardian must provide proof of their guardianship and demonstrate that they and the child live together in the same household. This ensures that the school can verify the guardian's authority to make educational decisions for the child.

How much power does a guardian have?

A guardian has significant authority over a child's welfare, including making decisions about education, healthcare, and general upbringing. However, the specific powers can vary based on the legal arrangement and the state laws governing guardianship. In New York, for example, a guardian can enroll a child in school, but they must comply with any legal requirements set forth in the guardianship order.

Can you have guardianship but not custody?

Yes, it is possible to have guardianship without full custody. Guardianship typically allows a person to make decisions for a child, while custody refers to the physical care of the child. In some cases, a guardian may have the right to make educational decisions without having physical custody, depending on the legal arrangement established by the court.

What are the disadvantages of legal guardianship?

Legal guardianship can come with challenges, such as limited rights compared to biological parents, potential conflicts with parents, and the need for ongoing court oversight. Guardians may also face financial responsibilities for the child's care and education. Additionally, if the biological parents regain custody, the guardian may lose their rights, which can be emotionally difficult.

What are the powers of guardianship?

The powers of guardianship typically include making decisions regarding the child's education, healthcare, and general welfare. Guardians can enroll the child in school, consent to medical treatment, and manage the child's financial affairs if applicable. The extent of these powers can vary based on state laws and the specific terms of the guardianship order.

What are the six powers of guardianship?

While the specific powers can vary, common powers of guardianship often include: 1) Making educational decisions, 2) Authorizing medical care, 3) Managing finances, 4) Providing for the child's basic needs, 5) Making legal decisions on behalf of the child, and 6) Ensuring the child's safety and well-being. These powers are defined by state laws and the court's guardianship order.